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Rules of Procedure of the Unified Patent Court (RoP)

Rule 29a

Contents of the Defence to the counterclaim

  1. The Defence to the Counterclaim for revocation shall contain
    • (a) an indication of the facts relied on, including any challenge to the facts relied on by the defendant,
      (b) the evidence relied on [Rule 170.1], where available, and an indication of any further evidence which will be offered in support,
      (c) the reasons why the counterclaim for revocation shall fail, including arguments of law and any argument as to why any dependent claim of the patent (or patents) is independently valid,
      (d) an indication of any order the claimant and the proprietor will seek in respect of the revocation action at the interim conference [Rule 104(e)],
      (e) the claimant’s and the proprietor’s response to the defendant’s choice of option, if any, provided for in Article 33(3)(a), (b) or (c) of the Agreement and Rule 37.4
      (f) the claimant’s and the proprietor’s response to the defendant’s assessment of the value of the dispute (including the Counterclaim) pursuant to Rule 25.1(f).
      (g) a list of the documents referred to in the Defence to the Counterclaim together with any request that all or part of any such document shall not be translated. Rule 13.3 shall apply mutatis mutandis.

  2. The claimant and the proprietor shall at the same time supply a copy of each of the documents referred to in the Defence to the Counterclaim.

Notes

Status: 15th draft of 31st May 2013